[1995] UGHC 77
The court found that the sentence imposed by the magistrate grade I, namely a fine of 40,000/= or six months imprisonment, exceeded the statutory maximum fine of 1,000/= or six months imprisonment as prescribed by section 113(1)(a) of the TRSA 1970. The illegality of the sentence rendered it a nullity. The court...
Source-derived case information.
- Citation
- [1995] UGHC 77
- Parties
- Applicant: Uganda; Respondent: Mustafa Luboyi
- Court
- High Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Criminal Revision Order No. 8/95
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- Sentence set aside and substituted; excess fine ordered refunded.
- Judges
- GM OKELLO, J
- Legal Topics
- Sentencing Illegality, Revision of Sentence, Motor Vehicle Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Uganda
Applicant
Mustafa Luboyi
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the sentence imposed by the magistrate complied with the penalty provisions of section 113(1)(a) of the TRSA 1970.
- 2 Whether the excess fine paid by the accused as a result of the illegal sentence should be refunded.
Ratio Decidendi
The court found that the sentence imposed by the magistrate grade I, namely a fine of 40,000/= or six months imprisonment, exceeded the statutory maximum fine of 1,000/= or six months imprisonment as prescribed by section 113(1)(a) of the TRSA 1970. The illegality of the sentence rendered it a nullity. The court applied the reasoning from a previous revision (Uganda v. Obita Christopher), holding that the only lawful sentence was a fine not exceeding 1,000/= or imprisonment not exceeding six months or both. The court substituted a lawful sentence of a fine of 5,000/= or one month imprisonment in default and ordered the refund of the excess fine paid by the accused. The court emphasized...
Court Disposition
Sentence set aside and substituted; excess fine ordered refunded.
Orders
- The sentence imposed by the trial magistrate is set aside.
- The accused is fined shs 5,000/= or one month imprisonment in default.
Full Case Text
Judgment text and source record
13 paragraphs
THE REPUBLIC OF UGANDA IN THE HIGH COURT OR UGANDA - AT GULU CRIMINAL REVISION ORDER NO. 8/95 (Original Cr. Case No. TMG 289/95)
Uganda ............... versus Mustafa Luboyi.
Before: The Honourable Mr. Justice G. M. Okello.
ORDER:-
The accused was charged and convicted on his own plea by a magistrate grade I Gulu of using a motor vehicle for the carriage of Passengers or Goods for hire or reward without licence contrary to section <sup>113</sup> (l)(a) of the TRSA '70. He was then sentenced to six (6) months imprisonment or a fine of 40,000/= in lieu thereof. The fine was paid.
That order of sentence did not comply with the provision of the section which created the offence. That section proscribes for a penalty of a fine not exceeding 1,000/= or to a term of imprisonment not exceeding six months or to both.
The detailed reasons I gave in Cr. Revision No. MG.2/95 - Uganda -vs- Obita Christopher for setting aside a similar sentence imposed by the same magistrate applies to this case with full force.
The Resident <sup>S</sup>Gnior State Attorney in his letter ref: RSA/N/GK/i2/95/PAP dated 15/12/95 agreed that the above order of sentence imposed by the learned magistrate grade I is illegal for non compliance with the section which created the offence. He did not wish to be heard in the event of a Revision Order being made.
As pointed out here earlier, the order of sentence made by tlie trial magistrate did not comply with the provision of the section which created 'the offence. It is therefore set aside and in its place it is substituted the following order:-
- (1) Accused is fined shs 5,000/= or <sup>1</sup> month imprisonment in default thereof. - (2) Shs 35,000/= being the excess of ijioney paid by the accused as a result of the illegal sentence ordered by the trial magistrate be refunded to the accused.
*0* <sup>I</sup> <sup>V</sup> <sup>v</sup> IV'VvA-Cl G. I. I. Okello
Resident Judge
Gulu. 19/12/95-